Guarantees and compensations to employees in case of reduction of staff, number or liquidation of an enterprise are secured by art. 180 of the Labor Code of the Russian Federation . The norm provides for a number of obligations for the employer, the failure of which entails bringing him to justice. Consider Art. 180 of the Labor Code of the Russian Federation in more detail.
Staff or staff reduction
As established by Part 1 of Art. 180 of the Labor Code of the Russian Federation, when implementing measures related to reducing the number of employees, the employer must provide them with internal employment. At the same time, the proposed posts should be vacant and meet the requirements enshrined in Part 3 of Article 81 of the Labor Code.
The employer may offer the employee falling under the reduction the professional duties of a person who is temporarily absent due to a business trip, prolonged incapacity for work, leave to care for a young child up to three years.
Important point
The head, offering another job to the employee being reduced, must explain what exactly the duties of the person will be and indicate the amount of payment. The employer addresses the employee with an appropriate proposal both on the day of warning about the planned activities, and throughout the entire period of notification, if vacancies appear at the enterprise.
Failure to comply with this rule indicates the improper fulfillment by the employer of the obligation to employ the employee to be dismissed.
Employee restrictions
An employee notified of upcoming personnel changes cannot require the head of the organization to provide him with the opportunity to improve his qualifications, undergo vocational training / retraining if the company has vacant positions that he could take after training.
This rule, however, does not apply to the liquidation of the workplace in connection with violations of labor protection rules. In this case, the employee has the right to undergo professional retraining at the employer's expense on the basis of Article 219 of the Labor Code.
Notification Dates
They are mentioned in part 2 of article 180 of the Labor Code of the Russian Federation. Each redundant (dismissed) employee must be notified in person in writing for 2 months. before events. The employee certifies the familiarization with his signature, indicating the date on which he was warned.
The employee has the right to refuse to sign the notice. In this case, the employer must draw up an act.
The term fixed by h. 2 Article 180 of the Labor Code of the Russian Federation , begins on the next day after the day the employee is acquainted with the notice.
Tenant Requirements
The head of the organization, informing the employee about the upcoming personnel changes, is obliged to indicate the specific day of dismissal. Moreover, the law does not prohibit subsequently postponing the date of dismissal to a later date at the initiative of the employer. Such actions will be regarded as a continuation of the employment relationship, which, of course, increases the chances of finding a person.
If the employee was absent due to illness by the time the notice expires, the employer terminates the contract with him for leaving the sick-list. Employees who become temporarily incapacitated after the date of notification, but before the end of the two-month period, cannot demand the extension of the warning period by the number of days in which they were absent.
Features of termination of the contract
In part 3 of Art. 180 of the Labor Code of the Russian Federation secured the possibility of the employer to terminate the employment relationship with the employee before the end of the warning period. In this case, the legislation establishes a number of conditions under which the termination of the agreement will be recognized as legitimate.
First of all, the general rules must be followed:
- The employee must be warned for 2 months. before dismissal.
- The employer’s request to terminate the contract in connection with personnel cuts or liquidation of the enterprise is sent after a warning, and not before it.
As established by Part 3 of Art. 180 of the Labor Code of the Russian Federation , the employer must have written consent to terminate the contract ahead of schedule.
As a rule, the initiative to terminate the contract belongs to the employer. Accordingly, he sets the date for termination of relations with the employee.
Meanwhile, the employee has the right to apply with the corresponding proposal. In such a situation, termination of the agreement will depend on the discretion of the employer.
Payouts
The legislation provides for the obligation of the employer to pay the employee additional compensation at the same time as severance pay . Art. 180 of the Labor Code of the Russian Federation establishes the size of this payment.
According to the norm, the amount is calculated based on the average salary of an employee. As indicated in part 3 of article 180 of the Labor Code of the Russian Federation, earnings are calculated in proportion to the number of days remaining until the end of the term for warning of personnel changes.
Mass dismissal
As established h. 4 Article. 180 of the Labor Code of the Russian Federation, if a decision to liquidate an enterprise, reduce staff or number and possibly terminate contracts with employees may result in mass dismissal, the employer must take measures established by the Labor Code, federal laws and other industry regulations.
In particular, he must in writing send a notice to the employment service for 3 months. before the start of the relevant events. In the notification, the head indicates the profession, position, specialty, qualification requirements, conditions of payment for the work of each employee.
Massive release of employees may be associated with:
- rationalization of production;
- reprofiling the company / its divisions;
- partial / complete suspension of activity;
- improvement of production conditions, etc.
Union involvement
Measures for the probability of mass layoffs, based on the provisions of Art. 180 of the Labor Code of the Russian Federation are adopted taking into account the views of the elected structure of the primary trade union organization.
The trade union has the right to submit proposals on the postponement of the term or temporary suspension of the implementation of measures related to the release of a large number of workers for discussion by local authorities. Such proposals should be considered according to the rules established by law.
Layoff Criteria
As a rule, they are fixed by territorial or industry agreements. If such documents do not apply to the enterprise or the criteria are not indicated in them, the Regulation governing the organization of measures to promote employment should be applied. This act provides indicators of the number of employees released for a particular calendar period.
Measures aimed at reducing the number of dismissed employees
They must be provided for in a collective agreement.
In the relevant section of the document can be fixed:
- measures to reduce working time without reducing the number of employees;
- compensation and benefits in excess of those prescribed by law;
- the rules for organizing continuing education courses, vocational training / retraining before the date of termination of the contract;
- other measures guaranteeing social protection to employees.
In cases of a short-term decline in production volumes, the employer may temporarily suspend the hiring of employees for vacant posts and other events.
Powers of Institutions of Power
Executive regional and municipal structures have the right to suspend for up to six months the implementation of employers' decisions on the release of a large number of employees. The specific period is determined by the unemployment rate:
- 3-5% - the period can be up to 1 month;
- 5-7% - up to two months;
- 7-9% - up to 3 months. etc.
If the unemployment rate is above 11%, a phased dismissal of workers is carried out. This procedure can be carried out in the following terms:
- with the number of employees from 50 and more people. - within 8 months;
- from 200 and more - 10 months;
- from 500 and above - 12 months.
Employee training
Vocational training / retraining, organization of continuing education courses helps to ensure the employment of the workers released.
If necessary, the employment service authorities can partially or fully reimburse employers for the costs of professional training of employees.
The category of citizens requiring advanced training, professional training / retraining includes employees who:
- it is not possible to select a job corresponding to their level of qualification, profession, specialty;
- it is necessary to change the occupation due to the lack of work that meets their skills.
The group of those in need also includes persons who have lost the ability to perform work in their current specialty / profession and do not have other experience.